NCJ Number
60877
Date Published
1978
Length
80 pages
Annotation
PRELIMINARY OBSERVATIONS ARE MADE OF THE 1977 ITALIAN LAW ON THE FORMATION AND ORGANIZATION OF THE INTELLIGENCE AND SECURITY SERVICES AND THE REGULATION OF THE STATE SECRET.
Abstract
FACTORS CONTRIBUTING TO THE REFORM OF THE ITALIAN INTELLIGENCE AND SECURITY SERVICES INCLUDE THE ACTUAL AND ALLEGED ABUSES OF THESE SERVICES AND THE JUDICIALLY DECIDED UNCONSTITUTIONALITY OF CERTAIN NATIONAL SECURITY LEGISLATION. IN ADDITION, THE INCREASING NUMBER OF SUBVERSIVE AND TERRORIST ORGANIZATIONS IN ITALY AND THE ESCALATION OF POLITICAL VIOLENCE COMPELLED LEGAL REFORMS. AN ANALYSIS OF THE ITALIAN SYSTEM OF GOVERNMENT AND OF ITS MULTIPARTY SYSTEM INDICATES THAT THE ITALIAN LEGISLATURE POSSESSES FAR GREATER POWER THAN THE EXECUTIVE, RESULTING IN INEFFICIENT GOVERNMENT ADMINISTRATION. THE OPERATIONAL DIFFICULTIES OF THE POLITICAL SYSTEM ARE COMPOUNDED BY THE PRESENCE OF THE VARIOUS FACTIONS WITHIN THE PARTIES. THE SECURITY SERVICES, ESPECIALLY SIFAR (ARMED FORCES INFORMATION SERVICE) AND SID (DEFENSE INFORMATION SERVICE), HAVE BEEN INVOLVED IN ABUSES OF POWER INCLUDING ANTIWORKER ESPIONAGE AND TRAFFICKING IN WEAPONS. UNDER THE RESTRUCTURED SYSTEM, THE SERVICES ARE SUBJECT TO STRINGENT OVERSIGHT. NEVERTHELESS, THE NEW SYSTEM MAY MAKE THE SECURITY FORCES DEPENDENT UPON THE STABILITY OF THE GOVERNMENT, AND POLITICAL CRISES COULD PARALYZE THE INTELLIGENCE SERVICES. THE TEXT OF THE REFORM LAW IS APPENDED. ADDITIONAL APPENDIXES ADDRESS THE PROBLEM POSED BY TERRORISM FOR THE ITALIAN SECURITY SERVICES (INCLUDING A CASE STUDY OF THE RED BRIGADE) AND DESCRIBE THE ITALIAN LAW ENFORCEMENT STRUCTURE AND JUDICIAL POLICE FUNCTION. FOOTNOTES ARE PROVIDED. (TWK)